Preventing Workplace Harassment, Discrimination, and Retaliation

 Daily criticism, increased supervision, and unfounded misconduct investigations; 122

Denial of overtime; 123

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 Relocation of office to basement and reduction in duties; 124

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Transfer to another facility;

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Denial of benefits;

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Failure to hire or rehire;

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Intimidation;

 Reassignment affecting prospects for promotion;

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Reducing pay or hours;

 Denial of employee’s administrative needs;

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Negative performance reviews; and

 Toleration of harassment by other employees; 125

In contrast, courts found the following actions, individually, did not constitute adverse employment actions:

Counseling; 126

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

Nitpicking;

 Oral or written criticism of an employee;

 Lateral transfer, unless there is some other materially adverse consequence; and

 Requiring an employee to develop new skills. 127

However, collectively or in combination with each other, such conduct could be sufficient to establish an adverse employment action.

Case Study on Adverse Action

Outley v. Luke & Associates, Inc. 128 Outley was an African American pharmacist for Employer and assigned to work at Kessler Air Force Base. After the Employer received complaints about Outley’s performance at Kessler, Employer decided to transfer her to another base. Her pay and her hours remained the same, but in the new position her schedule was not “as favorable,” there were no overtime opportunities, her workload increased and she was required to attend training. She sued Employer claiming her transfer was discriminatory. The court dismissed her claim finding that her transfer was not an adverse employment action because her title, benefits, and responsibilities remained the same.

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 31